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EN BANC Supervisors/Consultants was composed of Provincial Government

Operation Officer (PGOO) Alberto P. Molina, Jr. as Chairman with


Provincial Treasurer Luis A. Manlapaz, Jr. and Provincial Election
Supervisor Arnold Soquerata as members.

G.R. No. 90336 August 12, 1991 When the group decided to hold the election despite the absence of
five (5) of its members, the Provincial Treasurer and the Provincial
Election Supervisor walked out.
RUPERTO TAULE, petitioner,
vs.
SECRETARY LUIS T. SANTOS and GOVERNOR LEANDRO The election nevertheless proceeded with PGOO Alberto P. Molina, Jr.
VERCELES, respondents. as presiding officer. Chosen as members of the Board of Directors
were Taule, Aquino, Avila, Jacob and Sales.
Balgos & Perez and Bugaring, Tugonon & Associates Law Offices for
petitioner. Thereafter, the following were elected officers of the FABC:
Juan G. Atencia for private respondent.
President — Ruperto Taule

Vice-President — Allan Aquino

GANCAYCO, J.: Secretary — Vicente Avila

The extent of authority of the Secretary of Local Government over Treasurer — Fidel Jacob
the katipunan ng mga barangay or the barangay councils is brought to
the fore in this case. Auditor — Leo Sales1

On June 18,1989, the Federation of Associations of Barangay Councils On June 19, 1989, respondent Leandro I. Verceles, Governor of
(FABC) of Catanduanes, composed of eleven (11) members, in their Catanduanes, sent a letter to respondent Luis T. Santos, the Secretary
capacities as Presidents of the Association of Barangay Councils in of Local Government, * protesting the election of the officers of the
their respective municipalities, convened in Virac, Catanduanes with FABC and seeking its nullification in view of several flagrant
six members in attendance for the purpose of holding the election of its irregularities in the manner it was conducted.2
officers.
In compliance with the order of respondent Secretary, petitioner
Present were petitioner Ruperto Taule of San Miguel, Allan Aquino of Ruperto Taule as President of the FABC, filed his comment on the
Viga, Vicente Avila of Virac, Fidel Jacob of Panganiban, Leo Sales of letter-protest of respondent Governor denying the alleged irregularities
Caramoran and Manuel Torres of Baras. The Board of Election and denouncing said respondent Governor for meddling or intervening
in the election of FABC officers which is a purely non-partisan affair provinces, katipunang panlalawigan; in regions, katipunang pampook;
and at the same time requesting for his appointment as a member of and on the national level, katipunan ng mga barangay.6
the Sangguniang Panlalawigan of the province being the duly elected
President of the FABC in Catanduanes.3 The Local Government Code provides for the manner in which
the katipunan ng mga barangay at all levels shall be organized:
On August 4, 1989, respondent Secretary issued a resolution nullifying
the election of the officers of the FABC in Catanduanes held on June Sec. 110. Organization. — (1) The katipunan at all levels shall
18, 1989 and ordering a new one to be conducted as early as possible be organized in the following manner:
to be presided by the Regional Director of Region V of the Department
of Local Government.4 (a) The katipunan in each level shall elect a board of directors
and a set of officers. The president of each level shall
Petitioner filed a motion for reconsideration of the resolution of August represent the katipunan concerned in the next higher level of
4, 1989 but it was denied by respondent Secretary in his resolution of organization.
September 5, 1989.5
(b) The katipunan ng mga barangay shall be composed of the
In the petition for certiorari before Us, petitioner seeks the reversal of katipunang pampook, which shall in turn be composed of the
the resolutions of respondent Secretary dated August 4, 1989 and presidents of the katipunang panlalawigan and the katipunang
September 5, 1989 for being null and void. panlungsod. The presidents of the katipunang bayan in each
province shall constitute the katipunang panlalawigan. The
Petitioner raises the following issues: katipunang panlungsod and the katipunang bayan shall be
composed of the punong barangays of cities and
1) Whether or not the respondent Secretary has jurisdiction to entertain municipalities, respectively.
an election protest involving the election of the officers of the
Federation of Association of Barangay Councils; xxx xxx xxx

2) Whether or not the respondent Governor has the legal personality to The respondent Secretary, acting in accordance with the provision of
file an election protest; the Local Government Code empowering him to "promulgate in detail
the implementing circulars and the rules and regulations to carry out
3) Assuming that the respondent Secretary has jurisdiction over the the various administrative actions required for the initial implementation
election protest, whether or not he committed grave abuse of discretion of this Code in such a manner as will ensure the least disruption of on-
amounting to lack of jurisdiction in nullifying the election; going programs and projects7 issued Department of Local Government
Circular No. 89-09 on April 7, 1989,8 to provide the guidelines for the
The Katipunan ng mga Barangay is the organization of all sangguniang conduct of the elections of officers of the Katipunan ng mga
barangays in the following levels: in municipalities to be known Barangay at the municipal, city, provincial, regional and national levels.
as katipunang bayan; in cities, katipunang panlungsod; in
It is now the contention of petitioner that neither the constitution nor the appeals from decisions of inferior courts on election matters as
law grants jurisdiction upon the respondent Secretary over election aforestated may be decided by the COMELEC.
contests involving the election of officers of the FABC, the katipunan
ng mga barangay at the provincial level. It is petitioner's theory that The Court agrees with the Solicitor General that the jurisdiction of the
under Article IX, C, Section 2 of the 1987 Constitution, it is the COMELEC is over popular elections, the elected officials of which are
Commission on Elections which has jurisdiction over all contests determined through the will of the electorate. An election is the
involving elective barangay officials. embodiment of the popular will, the expression of the sovereign power
of the people.12 It involves the choice or selection of candidates to
On the other hand, it is the opinion of the respondent Secretary that public office by popular vote.13 Specifically, the term "election," in the
any violation of the guidelines as set forth in said circular would be a context of the Constitution, may refer to the conduct of the polls,
ground for filing a protest and would vest upon the Department including the listing of voters, the holding of the electoral campaign,
jurisdiction to resolve any protest that may be filed in relation thereto. and the casting and counting of the votes14 which do not characterize
the election of officers in the Katipunan ng mga barangay. "Election
Under Article IX, C, Section 2(2) of the 1987 Constitution, the contests" would refer to adversary proceedings by which matters
Commission on Elections shall exercise "exclusive original jurisdiction involving the title or claim of title to an elective office, made before or
over all contests relating to the elections, returns, and qualifications of after proclamation of the winner, is settled whether or not the
all elective regional, provincial, and city officials, and appellate contestant is claiming the office in dispute15 and in the case of elections
jurisdiction over all contests involving elective municipal officials of barangay officials, it is restricted to proceedings after the
decided by trial courts of general jurisdiction, or involving elective proclamation of the winners as no pre-proclamation controversies are
barangay officials decided by trial courts of limited jurisdiction." The allowed.16
1987 Constitution expanded the jurisdiction of the COMELEC by
granting it appellate jurisdiction over all contests involving elective The jurisdiction of the COMELEC does not cover protests over the
municipal officials decided by trial courts of general jurisdiction or organizational set-up of the katipunan ng mga barangay composed of
elective barangay officials decided by trial courts of limited jurisdiction.9 popularly elected punong barangays as prescribed by law whose
officers are voted upon by their respective members. The COMELEC
The jurisdiction of the COMELEC over contests involving elective exercises only appellate jurisdiction over election contests involving
barangay officials is limited to appellate jurisdiction from decisions of elective barangay officials decided by the Metropolitan or Municipal
the trial courts. Under the law,10 the sworn petition contesting the Trial Courts which likewise have limited jurisdiction. The authority of
election of a barangay officer shall be filed with the proper Municipal or the COMELEC over the katipunan ng mga barangay is limited by law
Metropolitan Trial Court by any candidate who has duly filed a to supervision of the election of the representative of
certificate of candidacy and has been voted for the same office within the katipunan concerned to the sanggunian in a particular level
10 days after the proclamation of the results. A voter may also contest conducted by their own respective organization.17
the election of any barangay officer on the ground of ineligibility or of
disloyalty to the Republic of the Philippines by filing a sworn petition However, the Secretary of Local Government is not vested with
for quo warranto with the Metropolitan or Municipal Trial Court within jurisdiction to entertain any protest involving the election of officers of
10 days after the proclamation of the results of the election.11 Only the FABC.
There is no question that he is vested with the power to promulgate Government the power to assume jurisdiction over an election protect
rules and regulations as set forth in Section 222 of the Local involving officers of the katipunan ng mga barangay. An understanding
Government Code. of the extent of authority of the Secretary over local governments is
therefore necessary if We are to resolve the issue at hand.
Likewise, under Book IV, Title XII, Chapter 1, See. 3(2) of the
Administrative Code of 1987, ** the respondent Secretary has the power Presidential power over local governments is limited by the
to "establish and prescribe rules, regulations and other issuances and Constitution to the exercise of general supervision22 "to ensure that
implementing laws on the general supervision of local government local affairs are administered according to law."23 The general
units and on the promotion of local autonomy and monitor compliance supervision is exercised by the President through the Secretary of
thereof by said units." Local Government.24

Also, the respondent Secretary's rule making power is provided in See. In administrative law, supervision means overseeing or the power or
7, Chapter II, Book IV of the Administrative Code, to wit: authority of an officer to see that the subordinate officers perform their
duties. If the latter fails or neglects to fulfill them the former may take
(3) Promulgate rules and regulations necessary to carry out such action or step as prescribed by law to make them perform their
department objectives, policies, functions, plans, programs and duties. Control, on the other hand, means the power of an officer to
projects; alter or modify or nullify or set aside what a subordinate officer had
done in the performance of his duties and to substitute the judgment of
Thus, DLG Circular No. 89-09 was issued by respondent Secretary in the former for that of the latter. The fundamental law permits the Chief
pursuance of his rule-making power conferred by law and which now Executive to wield no more authority than that of checking whether said
has the force and effect of law.18 local government or the officers thereof perform their duties as
provided by statutory enactments. Hence, the President cannot
interfere with local governments so long as the same or its officers act
Now the question that arises is whether or not a violation of said
within the scope of their authority.25 Supervisory power, when
circular vests jurisdiction upon the respondent Secretary, as claimed by
contrasted with control, is the power of mere oversight over an inferior
him, to hear a protest filed in relation thereto and consequently declare
body; it does not include any restraining authority over such body.26
an election null and void.
Construing the constitutional limitation on the power of general
It is a well-settled principle of administrative law that unless expressly
supervision of the President over local governments, We hold that
empowered, administrative agencies are bereft of quasi- judicial
respondent Secretary has no authority to pass upon the validity or
powers.19 The jurisdiction of administrative authorities is dependent
regularity of the election of the officers of the katipunan. To allow
entirely upon the provisions of the statutes reposing power in them;
respondent Secretary to do so will give him more power than the law or
they cannot confer it upon themselves.20 Such jurisdiction is essential to
the Constitution grants. It will in effect give him control over local
give validity to their determinations.21
government officials for it will permit him to interfere in a purely
democratic and non-partisan activity aimed at strengthening the
There is neither a statutory nor constitutional provision expressly or barangay as the basic component of local governments so that the
even by necessary implication conferring upon the Secretary of Local
ultimate goal of fullest autonomy may be achieved. In fact, his order officers of the FABC on June 18, 1989 as null and void, the respondent
that the new elections to be conducted be presided by the Regional Secretary acted in excess of his jurisdiction. The respondent Secretary
Director is a clear and direct interference by the Department with the not having the jurisdiction to hear an election protest involving officers
political affairs of the barangays which is not permitted by the limitation of the FABC, the recourse of the parties is to the ordinary courts. The
of presidential power to general supervision over local governments.27 Regional Trial Courts have the exclusive original jurisdiction to hear the
protest.33
Indeed, it is the policy of the state to ensure the autonomy of local
governments.28 This state policy is echoed in the Local Government The provision in DLG Circular No. 89-15 amending DLG Circular No.
Code wherein it is declared that "the State shall guarantee and 89-09 which states that "whenever the guidelines are not substantially
promote the autonomy of local government units to ensure their fullest complied with, the election shall be declared null and void by the
development as self-reliant communities and make them more Department of Local Government and an election shall conduct and
effective partners in the pursuit of national development and social being invoked by the Solicitor General cannot be applied. DLG Circular
progress."29 To deny the Secretary of Local Government the power to No. 89-15 was issued on July 3, 1989 after the June 18, 1989 elections
review the regularity of the elections of officers of the katipunan would of the FABC officers and it is the rule in statutory construction that
be to enhance the avowed state policy of promoting the autonomy of laws, including circulars and regulations34 cannot be applied
local governments. retrospectively.35Moreover, such provision is null and void for having
been issued in excess of the respondent Secretary's jurisdiction,
Moreover, although the Department is given the power to prescribe inasmuch as an administrative authority cannot confer jurisdiction upon
rules, regulations and other issuances, the Administrative Code limits itself.
its authority to merely "monitoring compliance" by local government
units of such issuances.30 To monitor means "to watch, observe or As regards the second issue raised by petitioner, the Court finds that
check.31 This is compatible with the power of supervision of the respondent Governor has the personality to file the protest. Under
Secretary over local governments which as earlier discussed is limited Section 205 of the Local Government Code, the membership of
to checking whether the local government unit concerned or the the sangguniang panlalawiganconsists of the governor, the vice-
officers thereof perform their duties as provided by statutory governor, elective members of the said sanggunian and the presidents
enactments. Even the Local Government Code which grants the of the katipunang panlalawigan and the kabataang barangay provincial
Secretary power to issue implementing circulars, rules and regulations federation. The governor acts as the presiding officer of
is silent as to how these issuances should be enforced. Since the the sangguniang panlalawigan.36
respondent Secretary exercises only supervision and not control over
local governments, it is truly doubtful if he could enforce compliance As presiding officer of the sagguniang panlalawigan, the respondent
with the DLG Circular.32 Any doubt therefore as to the power of the governor has an interest in the election of the officers of the FABC
Secretary to interfere with local affairs should be resolved in favor of since its elected president becomes a member of the assembly. If the
the greater autonomy of the local government. president of the FABC assumes his presidency under questionable
circumstances and is allowed to sit in the sangguniang
Thus, the Court holds that in assuming jurisdiction over the election panlalawiganthe official actions of the sanggunian may be vulnerable
protest filed by respondent Governor and declaring the election of the to attacks as to their validity or legality. Hence, respondent governor is
a proper party to question the regularity of the elections of the officers Supervisors/Consultants to merely overseeing and witnessing the
of the FABC. conduct of elections. This is consistent with the provision in the Local
Government Code limiting the authority of the COMELEC to the
As to the third issue raised by petitioner, the Court has already ruled supervision of the election.40
that the respondent Secretary has no jurisdiction to hear the protest
and nullify the elections. In case at bar, PGOO Molina, the Chairman of the Board, presided
over the elections. There was direct participation by the Chairman of
Nevertheless, the Court holds that the issue of the validity of the the Board in the elections contrary to what is dictated by the rules.
elections should now be resolved in order to prevent any unnecessary Worse, there was no Board of Election Supervisors to oversee the
delay that may result from the commencement of an appropriate action elections in view of the walk out staged by its two other members, the
by the parties. Provincial COMELEC Supervisor and the Provincial Treasurer. The
objective of keeping the election free and honest was therefore
The elections were declared null and void primarily for failure to comply compromised.
with Section 2.4 of DLG Circular No. 89-09 which provides that "the
incumbent FABC President or the Vice-President shall preside over the The Court therefore finds that the election of officers of the FABC held
reorganizational meeting, there being a quorum." The rule specifically on June 18, 1989 is null and void for failure to comply with the
provides that it is the incumbent FABC President or Vice-President provisions of DLG Circular No. 89-09.
who shall preside over the meeting. The word "shall" should be taken
in its ordinary signification, i.e., it must be imperative or mandatory and Meanwhile, pending resolution of this petition, petitioner filed a
not merely supplemental petition alleging that public respondent Local
permissive,37 as the rule is explicit and requires no other interpretation. Government Secretary, in his memorandum dated June 7, 1990,
If it had been intended that any other official should preside, the rules designated Augusto Antonio as temporary representative of the
would have provided so, as it did in the elections at the town and city Federation to the sangguniang panlalawigan of Catanduanes.41 By
levels38 as well as the regional level..39 virtue of this memorandum, respondent governor swore into said office
Augusto Antonio on June 14, 1990.42
It is admitted that neither the incumbent FABC President nor the Vice-
President presided over the meeting and elections but Alberto P. The Solicitor General filed his comment on the supplemental
Molina, Jr., the Chairman of the Board of Election petition43 as required by the resolution of the Court dated September
Supervisors/Consultants. Thus, there was a clear violation of the 13,1990.
aforesaid mandatory provision. On this ground, the elections should be
nullified. In his comment, the Solicitor General dismissed the supervening event
alleged by petitioner as something immaterial to the petition. He argues
Under Sec. 2.3.2.7 of the same circular it is provided that a Board of that Antonio's appointment was merely temporary "until such time that
Election Supervisors/Consultants shall be constituted to oversee the provincial FABC president in that province has been elected,
and/or witness the canvassing of votes and proclamation of winners. appointed and qualified."44 He stresses that Antonio's appointment was
The rules confine the role of the Board of Election only a remedial measure designed to cope with the problems brought
about by the absence of a representative of the FABC to the Rasgo Jr. as representative of the youth sector to the sangguniang
"sanggunian ang panlalawigan." panlungsod of Davao City was declared invalid since he was never the
president of the kabataang barangay city federation as required by
Sec. 205 (2) of the Local Government Code (B.P. Blg. 337) provides- Sec. 173, Batas Pambansa Blg. 337.

(2) The sangguniang panlalawigan shall be composed of the In the present controversy involving the sangguniang panlalawigan, the
governor, the vice-governor, elective members of the said law is likewise explicit. To be appointed by the President of the
sanggunian and the presidents of the katipunang Philippines to sit in the sangguniang panlalawigan is the president of
panlalawigan and the kabataang barangay provincial federation the katipunang panlalawigan. The appointee must meet the
who shall be appointed by the President of the Philippines. qualifications set by law.48 The appointing power is bound by law to
(Emphasis supplied.) comply with the requirements as to the basic qualifications of the
appointee to the sangguniang panlalawigan. The President of the
Batas Pambansa Blg. 51, under Sec. 2 likewise states: Philippines or his alter ego, the Secretary of Local Government, has no
authority to appoint anyone who does not meet the minimum
qualification to be the president of the federation of barangay councils.
xxx xxx xxx
Augusto Antonio is not the president of the federation. He is a member
The sangguniang panlalawigan of each province shall be
of the federation but he was not even present during the elections
composed of the governor as chairman and presiding officer,
despite notice. The argument that Antonio was appointed as a
the vice-governor as presiding officer pro tempore, the elective
remedial measure in the exigency of the service cannot be sustained.
sangguniang panlalawigan members, and the appointive
Since Antonio does not meet the basic qualification of being president
members consisting of the president of the provincial
of the federation, his appointment to the sangguniang panlalawigan is
association of barangay councils, and the president of the
not justified notwithstanding that such appointment is merely in a
provincial federation of the kabataang barangay. (Emphasis
temporary capacity. If the intention of the respondent Secretary was to
supplied.)
protect the interest of the federation in the sanggunian, he should have
appointed the incumbent FABC President in a hold-over capacity. For
In Ignacio vs. Banate Jr.45 the Court, interpreting similarly worded even under the guidelines, the term of office of officers of
provisions of Batas Pambansa Blg. 337 and Batas Pambansa Blg. 51 the katipunan at all levels shall be from the date of their election until
on the composition of the sangguniang panlungsod,46 declared as null their successors shall have been duly elected and qualified, without
and void the appointment of private respondent Leoncio Banate Jr. as prejudice to the terms of their appointments as members of the
member of the Sangguniang Panlungsod of the City of Roxas sanggunian to which they may be correspondingly appointed.49 Since
representing the katipunang panlungsod ng mga barangay for he the election is still under protest such that no successor of the
lacked the elegibility and qualification required by law, not being a incumbent has as yet qualified, the respondent Secretary has no
barangay captain and for not having been elected president of the choice but to have the incumbent FABC President sit as member of
association of barangay councils. The Court held that an unqualified the sanggunian. He could even have appointed petitioner since he was
person cannot be appointed a member of the sanggunian, even in an elected the president of the federation but not Antonio. The
acting capacity. In Reyes vs. Ferrer,47 the appointment of Nemesio L. appointment of Antonio, allegedly the protege of respondent Governor,
gives credence to petitioner's charge of political interference by Santos, seeking its nullification in view of several flagrant irregularities in
respondent Governor in the organization. This should not be allowed. the manner it was conducted. Petitioner denied the allegations of
The barangays should be insulated from any partisan activity or respondent Verceles and denouncing respondent for intervening in the
political intervention if only to give true meaning to local autonomy. said election which is a purely non-partisan affair. And requesting for his
appointment as a member of the Sangguniang Panlalawigan of the
WHEREFORE, the petition is GRANTED in that the resolution of
province being the duly elected President of the FABC in Catanduanes.
respondent Secretary dated August 4, 1989 is hereby SET ASIDE for
having been issued in excess of jurisdiction. Respondent Santos issued a resolution on August 4, 1989 nullifying the
election and ordering a new one to be conducted as early as possible to
The election of the officials of the ABC Federation held on June 18, be presided by the Regional Director of Region V of the Department of
1989 is hereby annulled. A new election of officers of the federation is
1âwphi 1
Local Government. Petitioner filed a motion for reconsideration but it
hereby ordered to be conducted immediately in accordance with the was denied by respondent Santos in his resolution on September 5,
governing rules and regulations. 1989.Thus this petition before the Supreme Court.
Issues:
The Supplemental petition is hereby GRANTED. The appointment of 1)WON the respondent Santos has jurisdiction to entertain an election
Augusto Antonio as representative to the Sangguniang protest involving the election of the officers of the FABC.
Panlalawigan in a temporary capacity is declared null and void. 2)WON the respondent Verceles has the legal personality to file an
election protest.
No costs.
Decision:
SO ORDERED. Petition GRANTED. Assailed August 4, 1989 and September 5, 1989
resolution is SET ASIDE for having been issued in excess of jurisdiction.
However, the election on June 18, 1989 is annulled. A new election of
TAULE vs. SANTOS August 12, 1991G. R. No. 90336 officers of the FABC be conducted immediately in accordance with the
governing rules and regulations. Supplemental petition is
This is a petition for certiorari seeking the reversal of the resolutions of likewise partially granted
respondent Secretary dated August 4, 1989 and September 5, 1989 for
being null and void. Ratio Decidendi:

Facts: 1. No. The Secretary of Local Government has no jurisdiction to entertain


An election for the officers of the Federation of Associations of Barangay any protest involving the election of officers of the FABC. He is only vested
Council (FABC) was held on June 18, 1989 despite the absence of other with the power to promulgate rules and regulations and to exercise general
members of the said council. Including Petitioner was elected as the supervision over the local government as provided in the Local Government
Code and in the Administrative Code.
president. Respondent Verceles sent a letter of protest to respondent
It is the exclusive original jurisdiction of the inferior to hear election protest
and the COMELEC have the appellate jurisdiction over it.

2) Yes. The Governor has the personality to file the protest. Under Section
205 of the Local Government Code, the membership of the sangguniang
panlalawigan consists of the governor, the vice-governor, elective members
of the said sanggunian, etc. He acted as the presiding officer of the
sangguniang panlalawigan. As presiding officer, he has an interest in the
election of the officers of the FABC since its elected president becomes a
member of the assembly. If said member assumes his place under
questionable circumstances, the sanggunian may be vulnerable to attacks as
to their validity or legality. Therefore, respondent governor is a proper party
to question the regularity of the elections of the officers of the FABC.
The election of officers of the FABC held on June 18, 1989 is null and void
for not complying with the provisions of DLG Circular No. 89-09.

DLG Circular No. 89-09 provides that "the incumbent FABC President or the
Vice-President shall preside over the reorganizational meeting, there being a
quorum." It is admitted that neither the incumbent FABC President nor the
Vice-President presided over the meeting and elections but Alberto P.
Molina, Jr., the Chairman of the Board of Election Supervisors/Consultants.
Therefore, there was a clear violation of the said mandatory provision.

• Pending resolution, petitioner also filed a supplemental petition alleging


that public respondent Local Government Secretary, in his memorandum
dated June 7, 1990, designated Augusto Antonio, despite him being absent
on said election. The Secretary of Local Government has no authority to
appoint anyone who does not meet the minimum qualification to be the
president of the federation of barangay councils.

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